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Which of the following enabled pastoral leases and Native Title to co-exist? (A) Mabo decision 1992 (B) Native Title Act 1993 (Cth) (C) Wik decision 1996 (D) Native Title Amendment Act 1998 (Cth) - HSC - SSCE Studies of Religion - Question 2 - 2014 - Paper 1

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Which-of-the-following-enabled-pastoral-leases-and-Native-Title-to-co-exist?--(A)-Mabo-decision-1992--(B)-Native-Title-Act-1993-(Cth)--(C)-Wik-decision-1996--(D)-Native-Title-Amendment-Act-1998-(Cth)-HSC-SSCE Studies of Religion-Question 2-2014-Paper 1.png

Which of the following enabled pastoral leases and Native Title to co-exist? (A) Mabo decision 1992 (B) Native Title Act 1993 (Cth) (C) Wik decision 1996 (D) Nat... show full transcript

Worked Solution & Example Answer:Which of the following enabled pastoral leases and Native Title to co-exist? (A) Mabo decision 1992 (B) Native Title Act 1993 (Cth) (C) Wik decision 1996 (D) Native Title Amendment Act 1998 (Cth) - HSC - SSCE Studies of Religion - Question 2 - 2014 - Paper 1

Step 1

Which of the following enabled pastoral leases and Native Title to co-exist?

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Answer

To determine which of the options enabled pastoral leases and Native Title to co-exist, we must analyze the historical context of each option:

  1. Mabo decision 1992: This landmark case recognized the land rights of the Meriam people and led to the formal acknowledgment of Native Title in Australia, but it didn't directly address the co-existence of pastoral leases.

  2. Native Title Act 1993 (Cth): This act was established to provide a legal framework for recognizing and protecting Native Title. It specifically included provisions to ensure that Native Title rights could coexist with pastoral leases, making this a strong candidate.

  3. Wik decision 1996: While this case clarified the relationship between Native Title and pastoral leases, it was the Native Title Act that set the groundwork for their coexistence.

  4. Native Title Amendment Act 1998 (Cth): This amended the original act but did not introduce the coexistence concept.

Based on this analysis, the most appropriate answer is (B) Native Title Act 1993 (Cth), as it directly enabled the coexistence of pastoral leases and Native Title.

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